Massachusetts Law and Legal Marijuana in Early 2018

The US Attorney of Massachusetts would not confirm if he will refrain from using federal law to prosecute cannabis businesses. The new Massachusetts U.S. Attorney, Andrew Lelling, was forced to make a statement after Attorney General Jeff Sessions rescinded the Cole Memo in early January, resulting in demands from cannabis advocates to detail his plans as a federal prosecutor.

The Cole Memo and Federal Marijuana Law

The Cole Memo, written by former Attorney General Eric Holder, barred federal prosecutors from enforcing federal law on businesses in states with legalized marijuana, allowing states to regulate and enforce their own local cannabis laws. Now that the law has been rescinded, federal U.S. Attorneys in each state can enforce federal law and conduct mass arrests should they choose to do so.

Lelling released his statement Monday saying that he could not provide any assurances of immunity from federal prosecution. He added that only Congress can change federal law, which says that marijuana cultivation and possession is a federal crime and that he has sworn to enforce federal law. The new state Attorney General also said that he would decide about prosecuting businesses on an individual basis to determine case worthiness and that he plans to go after large cultivation businesses. Lelling was appointed by Trump and took office in late December.

The States’ Rights Debate

In 2016, Massachusetts law changed when 54 percent of the people voted to legalize marijuana, although most of the leading politicians were against legalization. The state Attorney General Maura Healey and Gov. Charlie Baker were both against legalization. However, both politicians were opposed to the decision by Sessions to rescind the Cole Memo and undermine state rights. An amendment that blocks federal funds from being used to prosecute in legal states expires this month, allowing federal attorneys to begin making raids at their discretion.

The U.S. Attorney for the Southern District of California, Adam Braverman, also released a statement supporting Sessions rescinding the Cole Memo. Braverman added that the state will continue to prosecute those involved with cultivation, distribution, and possession of marijuana and to enforce federal laws.

Pushback from Both Sides of the Aisle

Photo by: Brandon Bourdages/ShutterstockNot all states are as welcoming as Massachusetts to the move by Sessions, and even members of his own party have denounced his decision. Sen. Cory Gardner (R-Colo.) was angered and said that all Justice Department Senate nominations will be blocked as a result. The Senator also said that the Attorney General had previously told him that the Trump administration would not interfere with state laws, adding that Sessions has “trampled” on the voters’ will. Rep. Ryan Costello (R-Pa.) also expressed his disappointment, saying that the U.S. Attorney General’s office should leave states alone. He added that medicinal research rather than outdated federal regulations should influence our marijuana laws. Sen. John Cornyn (R-Tex.) sent out a tweet that said Congress needs to stop ignoring federal law and should hold hearings to discuss changing federal law.

Democrats weren’t thrilled with Sessions, either. Rep. Ed Perlmutter (D-Colo.) tweeted his dismay by stating that 46 states currently permit cannabis in some form and that going backwards now is not an option. The Colorado Senate Democrats sent out a tweet saying, “We’ll give Jeff Sessions our legal pot when he pries it from our warm, extremely interesting to look at hands.” The Democrats also said that marijuana taxes have paid for new roofs, emergency generators, and other renovations for schools in the state. They ended by suggesting that Sessions concentrate on corrupt politicians and white-collar crimes.

It is not yet clear how the U.S. Attorney plans to handle dispensaries in the state, as well as those legally in possession of marijuana. It is likely that officials will concentrate on the black market, but with the recent changes, anything is possible.

Email

Save Money On Cannabis!

By submitting this request, I agree to receive deal alerts through text message and email from Leafbuyer. Standard message and data rates may apply. You may opt-out at any time.

Categories

Categories

DISCLAIMER:
Content on this site is for reference purposes and is not intended to substitute for advice given by a physician, pharmacist, or other licensed health-care professional. Always seek the guidance of your doctor or other qualified health professional with any questions you may have regarding your health or a medical condition. Never disregard the advice of a medical professional, or delay in seeking it because of something you have read on this Website. You should not use this information as self-diagnosis or for treating a health problem or disease.

Information and statements regarding cannabis and hemp products have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Leafbuyer.com assumes no liability for inaccuracies or misstatements about products.

Save money, subscribe.

Get Exclusive Local Cannabis Deals delivered to your phone and email!!

By checking the box and signing up, you consent to receive informational and marketing text messages from or on behalf of sent using an automated dialer to the wireless number you provided above. Your consent is not required to make a purchase. You also agree to receive promotional emails.

You may opt-out of texts any time by replying STOP. You may opt-out of emails by clicking the UNSUBSCRIBE link in any promotional email you receive from us or by replying to any promotional email you receive from us and including UNSUBSCRIBE in the subject line.

Sign Me Up

Thanks for signing up for the Deal Alerts.

By checking the box and signing up, you consent to receive cannabis-related informational and marketing text messages from Leafbuyer - including regarding its marketing partners - sent using an automated dialer to the wireless number you provided above. Your consent is not required to make a purchase. You also agree to receive promotional emails from Leafbuyer.

You may opt-out of texts any time by replying STOP. You may opt-out of emails by clicking the UNSUBSCRIBE link in any promotional email you receive from us or by replying to any promotional email you receive from us and including UNSUBSCRIBE in the subject line.

Sign Me Up

Thanks for signing up for the Leafbuyer Deal Alerts.

Leafbuyer complies with state laws regarding access to marijuana-related products. To continue, you must be 21 years of age or older or hold a valid medical marijuana card?

Show this Leafbuyer deal at the dispensary checkout to redeem your discount and enjoy!

Qty:

This advertisement is for customer reference only and has no value and is not intended to be exchanged for any product. Leafbuyer Technologies, Inc. is not responsible for the content of any advertisement. All advertisements are the sole responsibility of the vendor publishing the advertisement. If an advertisement is not valid, please contact the vendor directly as errors may have been made in the creation of the advertisement. This advertisement is only intended to be viewed by those of legal age and in the state/local area where the product is legally open for sale. Additionally, all state and local laws and restrictions apply to all advertisements. You must be 21 years of age or older to view this site and any advertisements on this site. Void where prohibited.